On May 1, 2026, the U.S. Court of Appeals for the Sixth Circuit vacated a Section 10(j) injunction issued by a district court in Kerwin v. Trinity Health Grand Haven Hospital, 174 F.4th 942 (6th Cir. 2026). In its first Section 10(j) case since the Supreme Court’s 2024 decision in Starbucks Corp. v. McKinney, 602 U.S. 339 (2024), the Sixth Circuit applied the traditional four-factor preliminary injunction test and found that the National Labor Relations Board (“NLRB” or “Board”) failed to demonstrate irreparable harm.
Background and Procedural Posture
Section 10(j) authorizes the NLRB to seek temporary injunctive relief in federal district court while an unfair labor practice charge is litigated, preventing continued harm during administrative proceedings. These injunctions are often used where the NLRB’s remedial authority may be inadequate—for example, in refusal-to-bargain cases where erosion of union support and loss of bargaining power may be difficult to quantify.
Prior to 2024… Read the complete article here...
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